[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Notices]
[Pages 31009-31010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13237]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35503]


BNSF Railway Company--Trackage Rights Exemption--Yellowstone 
Valley Railroad, Inc.

    Yellowstone Valley Railroad, Inc. (YVRR) has agreed to grant, 
pursuant to a prospective written trackage rights agreement,\1\ 
restricted local and overhead trackage rights to BNSF Railway Company 
(BNSF) over a rail line that it leases from BNSF between milepost 78.6, 
near Snowden, Mont., and milepost 43.0, at Crane, Mont., a distance of 
35.6 miles.\2\ YVRR states that the use of the trackage rights line by 
BNSF is restricted to movements of BNSF unit trains originating or 
terminating on the line and overhead trackage rights.
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    \1\ YVRR states that the parties currently are negotiating a 
trackage rights agreement. YVRR states that it will file a copy of 
the agreement with the Board within 10 days of its execution. See 49 
CFR 1180.6(a)(7)(ii).
    \2\ YVRR indicates that this transaction is related to Docket 
No. AB 991X, Yellowstone Valley Railroad, Inc.--Discontinuance 
Exemption--in Richland and Dawson Counties, Montana, in which YVRR 
will seek to discontinue its lease operations over the BNSF-owned 
line between milepost 43.0, at Crane, and milepost 6.0, near 
Glendive, Mont. This filing has not been received by the Board. YVRR 
received an exemption to lease and operate 171.97 miles of BNSF rail 
lines in Yellowstone Valley Railroad, Inc.--Lease and Operation 
Exemption--BNSF Railway Company, Docket No. FD 34737 (STB served 
Sept. 1, 2005).
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    The transaction is scheduled to be consummated on or shortly after 
June 11, 2011, the effective date of the exemption (30 days after the 
exemption was filed).

[[Page 31010]]

    The purpose of the transaction is to permit BNSF to move unit 
trains originating or terminating on the line and to perform overhead 
movements over the line. YVRR will continue to serve customers on the 
line.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway, Inc.--Lease 
& Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If the notice 
contains false or misleading information, the exemption is void ab 
initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may 
be filed at any time. The filing of a petition to revoke will not 
automatically stay the effectiveness of the exemption. Stay petitions 
must be filed by June 3, 2011 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35503, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Karl Morell, Of Counsel, Ball Janik LLP, 
1455 F Street, NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 24, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-13237 Filed 5-26-11; 8:45 am]
BILLING CODE 4915-01-P